In 2018, the City of Boulder, Colorado bypassed a ballot and instituted an “Assault Weapons” ban that made the possession, sale, or transfer of semi-automatic, magazine-fed sporting rifles, pistols, and ammunition magazines that can hold more than 10 rounds illegal. This week, Boulder District Court Judge Andrew Hartman stomped the brakes on the legislation. Hartman not only struck down the law, but he issued a permanent injunction against any enforcement of the draconian law. Why? He ruled that Colorado state law takes preeminence over Boulder’s ordinance.
Justice Hartman held that Boulder’s “Assault Weapons Possession, Sale, and Transfer Ban” ordinance was illegal under Colorado’s statutory ban on local laws, ordinances, or regulations that “prohibits the sale, purchase, or possession of a firearm that a person may lawfully sell, purchase, or possess under state or federal law.”
(..) Hartman links the “legally cognizable interest, namely, their right to possess firearms in defense of home, person, and property” to the Second Amendment to the U.S. Constitution and Article 2, Section 13 of the Colorado Constitution, which says, “The right of no person to keep and bear arms in defense of his home, person, and property, or in aid of the civil power when thereto legally summoned, shall be called in question.”
(…) Hartman ruled that because the state comprehensively regulates firearms, including by enacting the preemption statute, the matter is one of mixed state and local concern, therefore the state preemption law prevails.
The ruling may be appealed to the State Supreme Court by the city of Boulder, but for now, the ordinance is void, and in the end, the State’s constitution seems very clear,
As of this posting, there’s a bill passing through Congress that is targeting bans on 205 semi-automatic and magazines over 10 rounds. (Dianne Feinstein’s latest attempt to ban so-called “assault weapons“). That and the plethora of other gun control bills that have sailed easily through the House.
Here’s where I vear off the doom and gloom path. The current House is a lost cause when it comes to defending the Second Amendment. The Senate is only slightly better, but certainly a higher hurdle for the anti gunners. However, even if they did manage to pass this type of legislation and get President Biden to sign it, we can thank President Trump for his judicial nominations to the Supreme Court.
No. We cannot just sit back and rely on the Supreme Court. Get out and fight these battles in your local and state judiciaries. Defend the Second Amendment and exercise your rights to self-defense.
Stay on top of it as much as you can- because “preemption” laws only stop attacks on the Second Amendment if the Federal and State governments do not adopt the bans.
Colorado is one of the first Second Amendment victories killing an MSR ban under the Biden Presidency. How will you ensure more victories? Share your answer in the comment section.
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